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Owning a firearm is a constitutionally protected right. However, each state has unique gun laws that can be challenging and complicated. Consulting a DuPage County criminal defense attorney can help you understand what your rights are to defend a weapons charge.
Illinois has several requirements that one is bound by to legally own a firearm. Illinois requires people without concealed handgun permits to get a firearm owner’s identification card (FOID) in order to legally purchase a gun or ammunition. The process will require you to submit to a background check. You will have to wait 24 hours from the time you buy a long gun to take possession of the firearm, and 72 hours for a handgun.
Safety Standards
Illinois law prohibits a federally licensed firearms dealer from manufacturing, selling, or delivering a firearm to an unlicensed buyer. It is also illegal to sell a handgun with a barrel, slide, frame, or receiver manufactured with a non homogeneous metal that melts at a temperature less than 800 degrees Fahrenheit.
It took a jury less than two hours to convict a man who was charged with plotting to have a state’s attorney kidnapped. The defendant was charged with felonies including:
The Plot Thickens
The defendant was accused of attempting to pay $1,000 to kidnap a late assistant state’s attorney. However, it does not appear that the defendant acted at random. He was being charged with the murder of his wife.
The investigation into the kidnapping charges began when the defendant conspired with an undercover detective and a jailhouse informant to facilitate the kidnapping of the state's attorney. The defendant wanted his murder charges to go away or be dismissed and was prepared to do anything to accomplish that goal. The defendant had been released on bail in his murder trial where he was charged with killing his estranged wife when the conviction for attempting to kidnap the state's attorney occurred. He has since been remanded into police custody. A special prosecutor has been appointed to the case.
Drug trafficking and drug possession are serious crimes that carry potentially devastating sentences. However, there are notable differences between both crimes as well as the defenses available to refute them. You will want to speak with an experienced DuPage County criminal drug charge attorney to get the best advice on what your options are after you have been charged.
Drug Possession
Drug possession, generally, is a less serious offense than drug trafficking. Drug Possession refers to being in actual or constructive possession of a controlled substance. Being charged with drug possession usually is prosecuted at the state level.
Actual or Constructive Possession
A stop and frisk occurs when a policer officer has a reasonable suspicion that you are going to commit or have already committed a crime. Therefore, the officer stops and searches you. Various states across the nation have stop and frisk policies. However, these policies have come under scrutiny as opponents argue that they target people of color disproportionately and are ineffective at curbing violent crime.
Why Do Police Officers Conduct Stop and Frisk Searches?
The short answer is is that a stop and frisk is conducted in order to gather evidence for a crime in which the police have a reasonable suspicion has occurred or is in the process of occurring. The theory law enforcement relies on is that there are circumstances in which they would ordinarily need to obtain a warrant to conduct a search. However, due to the nature of the crime they are investigating, doing so would substantially impede law enforcement's ability to gather the evidence before it is destroyed or before a member of the public is injured.
Illinois has a history of having strict gun possession laws. For example, Illinois was the last state in the country to allow for concealed weapon carrying, which you must have a permit to do.
If you are charged with a gun crime, you can expect that a court and jury will not take such allegations lightly. Retaining a defense attorney is the first step you can take to safeguard your constitutional rights as a defendant.
Requirements for Gun Owners
In order to buy and possess a gun in Illinois, at the minimum you must have a Firearm Owner’s Identification (FOID) card. This card does not allow you to carry concealed. It is a prerequisite to obtaining a concealed weapons permit.
This means that if you have a FOID, and you are carrying a gun outside your home or business, the gun must be not immediately accessible, broken down, or unloaded and enclosed in a container.
Parents often question their decisions and actions when raising their children. Are the parents nurturing enough? Are they strict when necessary? When your child is arrested and charged with minor delinquency such as juvenile theft, you may begin to question how you, as a parent, failed your child.
While there are methods to prevention and detection of delinquent behavior, the truth is that there may not be anything that could have prevented the incident; sometimes kids just behave foolishly and make mistakes. However, these small lapses in judgment do not need to derail their lives.
Early Detection
The road to true delinquency does not occur overnight; it is a path similar to adolescence. Most teens and young adults do not wake up in the morning believing that they are going to hang out with the wrong crowd that day or partake in destructive behavior. These paths are eased into slowly. Recent research shows that there are two beginning points for delinquency, including:
While the concept of negligence is commonly used within the context of civil law, Illinois law has provisions that encompass negligent behavior with criminal consequences and sentences.
In DuPage County, an individual can be charged criminally and sued civilly for the same conduct. Both Illinois statutes for involuntary manslaughter and reckless homicide involve the unintentional killing of another through a negligent or reckless act. However, involuntary manslaughter and reckless homicide are two charges with an important distinction.
Courts across the country in different jurisdictions make a distinction between whether the act was negligent or reckless to determine whether the prosecutor is going to pursue a case using the involuntary manslaughter statute, or a reckless homicide statute.
If you are under 21 years old and caught drinking and driving, you could face a couple of charges, depending on the facts of your situation. Illinois has a zero tolerance policy for underage drinking and driving as well as laws prohibiting driving under the influence.
Both types of convictions can lead to numerous consequences that can follow a young person as he or she applies to schools and jobs. This is why you should fight these charges. With the help of an attorney, you may be able to reach a deal with prosecutors that will keep a conviction off your criminal record.
Zero Tolerance for Drivers Under Age 21
Because it is illegal for anyone under 21 to be drinking in Illinois, anyone under the legal drinking age caught driving will face criminal charges. It does not matter if the driver’s BAC is under the legal limit of .08. So long as BAC levels are over .00, there will be consequences under the law.
You have probably seen a crime drama television show where a police officer reads a suspect his or her Miranda rights.
These rights were established in U.S. Supreme Court case Miranda v. Arizona, which was decided in 1966. In that case, the court ruled that anyone suspected of a crime must be informed of the following:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The Miranda warning covers two rights: the right to remain silent and the right to an attorney.
The Illinois legislature is considering two bills that would raise the dollar amount that triggers felony theft charges. The proposals would raise the felony minimum from items valued at $500 to $2,000 or $2,500, depending on the bill.
Supporters of the Bills
Supporters of the bill argue that the $500 threshold amount is too low. For example, stealing an iPhone could be considered a felony theft charge. The threshold amount should be raised to keep up with the rising cost of consumer goods.
Supporters point out that 29 states set the felony theft minimum at least twice as high. For example, Wisconsin and Texas law provides that theft of an item valued below $2,500 is a misdemeanor.
A Pew Charitable Trust study found that the minimum amount has no overall impact on crime rates. The study looked at 28 states that raised the threshold amount between 2001 and 2011. The study also concluded that states that increased the minimum felony amount reported about the same decrease in crime as the states that left their theft laws the same.
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